Kepler v. Larson

Deemer, J.—

In a contract between plaintiff and defendant, defendant undertook to loan plaintiff a sum of money to be secured by mortgage upon a certain tract of land upon condition that plaintiff should furnish an abstract showing that he had- fee-simple title to the property proposed to be mortgaged. Pursuant to this contract, plaintiff furnished an abstract of title, which defendant refused to accept, because of certain defects therein, and because plaintiff did not in fact have a fee-simple title. He averred that certain parties, who are now interveners in the case had an interest in the…